On Wednesday, November 22, 2023 at 6:23:20 AM UTC-5, Gil Jesus wrote:
Capt. Fritz testified that Judge David Johnston, "advised him ( Oswald ) of his rights. I believe he had a form....." ( 4 H 216 )
I can't find it on line. Since the burden of proof is always on the accusers, the burden to produce it is yours.
Where is that form ?
Assuming Johnston used one, which you haven't established (you quote hearsay only), it was probably was last seen in Johnston's possession. Why would the presumed form Justice of the Peace Johnston used to advise all suspects of their rights be necessary
to produce at trial or entered into the Commission's evidentiary record?
Here is the indictment of Oswald for murder:
https://history-matters.com/archive/jfk/wc/wcvols/wh20/html/WH_Vol20_0171a.htm
Here's Johnston's notes on what transpired that weekend, including his mentioning of advising Oswald of his rights at 7:05 and of indicting Oswald at 11:26pm:
https://history-matters.com/archive/jfk/wc/wcvols/wh20/html/WH_Vol20_0167b.htm
Note it mentions that Oswald was advised that he did not have to make any statement, but anything he said might be used against him.
Here's Johnston's testimony:
https://www.jfk-assassination.net/russ/testimony/johnst_d.htm
Here's his testimony on advising Oswald of his rights:
== quote ==
Mr. HUBERT. Were you the justice of peace that arraigned Oswald?
Mr. JOHNSTON. Yes; I arraigned Lee Harvey Oswald--let me give you the sequence of them--that's the easiest thing to do. I brought the complete record and I have everything here. The first charge that was filed was for murder with malice of Officer J. D.
Tippit of the Dallas Police Department in cause No. F-153, The State of Texas versus Lee Harvey Oswald. This complaint was filed at 7:05 p.m. on the 22d day of November 1963.
Mr. HUBERT. By whom?
Mr. JOHNSTON. By Capt. J. W. Fritz, captain of the homicide bureau, Dallas Police Department, was accepted by W. F. Alexander who is William F. Alexander, an assistant criminal district attorney of Dallas County, Tex., which was passed over to me at 7:05
p.m. The actual complaint was signed at 7:04 p.m. and I arraigned Lee Harvey Oswald at 7:10 p.m. on November 22, 1963, advising him of his constitutional rights and that he had to make no statement at all, and that any statement he made may be used in
evidence against him for the offense concerning which this affidavit was taken, and remanded the defendant to the custody of the sheriff of Dallas County, Tex., with no bond as capital offense.
== unquote ==
Does that answer your question sufficiently? If you wish to pursue this further, please establish why a standard form (if Johnston hadn't simply committed that standard wording to memory, and reeled it off by rote - remember, you only have hearsay from
Fritz that *Fritz believed* a form was used) would be necessary to produce at trial, or in evidence by the Commission, given you already have Johnston's notes and testimony attesting to that fact.
Are you questioning whether Oswald was advised of his rights? Johnston testified under oath he was.
Ball in your court.
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